Getting Ahead of UK Employment Rights Bill Changes: Flexible Work from Day One

The UK’s flexible working culture underwent a significant overhaul in 2024 under the Employment Relations (Flexible Working) Act 2023, with the right to request flexible working from day one. But in 2027, the Employment Rights Bill will take this further—cementing flexible working as a core employment right and signalling a cultural shift in how employers are expected to approach work design.

At first glance, the changes in 2027 may seem minor compared to the leap made in 2024. After all, the key “day-one” right is already in place. However, the Bill’s changes will reinforce flexible working as the norm, not the exception, and that will have practical consequences for policies, manager decision-making, and the way refusals are scrutinised.

Understanding the change

Research shows that post-pandemic flexible working was mostly handled informally between managers and their direct reports, leading to inconsistencies across teams.

Businesses that have begrudgingly embraced the 2024 changes and are dragging their heels on creating a truly flexible work culture will fall behind. Those who embrace it will see improved employee retention and engagement, and will be better placed to

Not only that, the margin for vague, poorly documented, or overly rigid refusal decisions will shrink, making it critical to be compliant with current and upcoming legislation.

Let’s take a look at how the landscape has evolved.

Your new flexible work policy: A step-by-step guide

With this legal evolution, the 2027 changes are less about introducing brand-new rules and more about shifting the cultural and compliance baseline. Businesses need to act now to stay ahead.

1. Redesign your flexible work policy

Bring your policy in line with the 2024 rules and prepare for a more employee-centred interpretation in 2027:

• Clear request process.
• Defined consultation procedure.
• Documented decision criteria and trial period guidelines.

2. Train managers to handle requests lawfully—and persuasively

From 2027, refusals will likely be examined in the context of a “flexibility as standard” expectation. This means exploring alternatives before saying no and properly documenting consultation conversations. You’ll also need to document and share the eight statutory grounds for refusal:

1. Burden of additional costs
2. Detrimental effect on the ability to meet customer demands
3. Inability to reorganise work among existing staff
4. Inability to recruit additional staff
5. Detrimental impact on quality
6. Detrimental impact of performance
7. Insufficiency of work during the periods the employee proposes to work
8. Planned structural changes

3. Adapt workforce planning for increased flexibility

The volume of requests may rise—not because eligibility changes, but because employees know the law is firmly on their side. Prepare by reviewing role design for flexible compatibility. Anticipate peak periods (such as the summer and during Christmas and New Year) and communicate the need for timely requests in advance to avoid staffing gaps.

To see strategies for complying with country-specific holiday requirements for globally distributed companies, check out our guide to floating holidays vs. PTO.

4. Strengthen documentation and audit readiness

Tribunals will expect not just compliance, but evidence of good-faith consideration. This means keeping a clear paper trail of every step and storing records securely and accessibly. This will ensure you’re ready to show how decisions were reached, should the need arise.

5. Communicate proactively with employees

Set expectations early. Clarify that the right to request does not guarantee approval, but that every request will be treated fairly and seriously. Announce the policy change ahead of time, to allow a window for them to ask questions and give you feedback.

Helpful resources:

If you see that the demand for flexible work outweighs what you’re currently offering, consider adapting your policy to include hybrid or remote work, if feasible. We know that flexibility is a top priority for employees, with many seeking other opportunities when their needs are not met. This is particularly true of Gen Z, which makes flexibility a key concern for those seeking to avoid churn and future-proof their organisations.

Here are some extra resources to help you get started:

• The Rise of Hybrid Work: From Office to Total Flexibility
• 12 Hybrid Work Model Examples to Inspire You to Work Differently
• Remote Employee Experience: How to Boost Retention & Productivity
• 9 Strategies to Manage a Remote Team on a Budget in 2025
• Remote Leadership: Lessons from Deel’s Experience
• Remote Work Enablement: A Guide for Global Teams
• 7 Unique Benefits of Workplace Flexibility
• BYOD Policy for Remote Work: How to Craft An Effective Strategy